Justice Kerry FitzGerald considers himself extremely blessed and looks forward to the challenges he faces as one of the newest members of the Fifth District Court of Appeals. He is a positive, upbeat person who enjoys what he’s doing. His positive outlook on life has allowed him to enjoy each chapter of his legal career which spans 30+ years.. Justice FitzgGerald grew up in Maryland, where his father worked as General Counsel for the Federal Communications Commission. After his father joined the faculty at Southern Methodist University Law School, Justice FitzGerald moved to Dallas with his family and in 1963 received a BBA in economics from SMU. After graduating from the University of Texas School of Law in 1966, he joined the Dallas County District Attorney’s Office and worked in the appellate section until an opportunity arose in the trial section. After three years in the District Attorney’s office, Justice FitzGerald went into private practice. His private practice included both trial and appellate work. Justice FitzGerald was introduced to judicial responsibilities during this time be serving as an Associate Municipal Judge for the City of Dallas from 1994 to 1999. In the spring of 1999, Bill Hill offered him an opportunity to join the District Attorney’s office as Chief of its appellate section. Within several months, Justice Frances Maloney retired from the Fifth District Court of Appeals, leaving an immediate vacancy. Justice FitzGerald received a call on October 19, 1999, announcing his appointment to the position by Governor George W. Bush, and on October 22, 1999, he was sworn in by Chief Justice Linda Thomas. Justice FitzGerald recently went through an uncontested re-election process, and his current term now continues through December 31, 2002. While moving from being an advocate to being a justice has required some adjustment, Justice FitzGerald emphasizes that the adjustment has been positive. He commented that in light of the small number of cases accepted by the Texas Supreme Court for review, that he feels a heavy responsibility to make sure that each case is well analyzed and well researched before making a decision. In visiting with Justice FitzGerald, it does not take long to figure out that the greatest source of pride and joy in his life is his family. He and his wife Kathy have been married for 32 years, and have five children: Klaire, Kyran, Kristina, Kerry, and Kathy. He describes his wife Kathy as his best friend and mentor, and a tremendous mother. She is also an accomplished artist, as evidenced by two beautiful paintings hanging in Justice FitzGerald’s chambers. While in private practice, Justice FitzGerald served on several grievance committees and realized that most lawyers lack an understanding of how the grievance process works. As a result, his daughter Kathy developed a computer generated ethics presentation, along with her graphics, which he presents on a regular basis. It entertains and educates lawyers on avoiding grievances and understanding the grievance process. One obvious change during his legal career has been in the area of technology. Justice FitzGerald hopes that someday briefs and other documents will also be filed electronically. He pointed out that nothing prevents an attorney from filing a copy of a brief on diskette at the same time that the hard copy is filed. When asked what advice he would give lawyers about communicating effectively in the appellate process, he replied "be honest, brutally honest, without all of the spin." He recommends that one apply the "crayon approach" which requires putting the essential points of the case on one piece of paper with a crayon. This forces the attorney to get to the heart of the case in short order. When visiting with Justice FitzGerald, it is evident that he views his life, his family and his vocation as blessings. As for his current position, he says, "there is an old saying, when you find a job you love, you never have to work another day the rest of your life’ and I’ve been very blessed."